NPM No. 056-2017


Issues Concern: Declaration of Failure of Bidding



Whether a BAC Secretariat may declare failure of bidding when the lowest bidder did not meet the required specifications.

The BAC cannot declare a failure of bidding for reasons other than those provided in Section 35 of the IRR of RA 9184. It cannot exercise the reservation clause provided in Section 41 of the IRR in declaring a failure of bidding since such authority exclusively belongs to the HoPE.

Only when no bids are received on the deadline for submission and receipt of bids; or upon determination that all bidders are ineligible during the preliminary examination of bids; or all bids fail to comply with all the bid requirements; or fail post-qualification; or in the case of consulting services, there is no successful negotiations; or the lone bidder would not accept the award of contract, may the BAC declare a failure of bidding under Section 35 of the procurement law and its associated rules.